I'm in the county town, and you say I'm a big shot?

Chapter 610 Beware of these two precedents: the Komlatan rule and the uncontrollable rule.

This is a law firm called "Kadden, Arps, Slate, Meagher & Flom LLP and Affiliates," a very famous law firm in the United States. According to online information, this law firm has been consistently rated by Vault as one of the most prestigious law firms in the United States.

Fang Qingye walked into the firm's main entrance, where the receptionist greeted her politely. When Fang Qingye explained her purpose for visiting...

The receptionist immediately produced a document: "Sir, regarding civil litigation for traffic accident disputes, I recommend our company's lawyer, Will Smith. Although he did not graduate from an Ivy League law school, he is dedicated, experienced, and his fees are reasonable, making him an excellent value for money."

It's just a cheap product.

Fang Qingye understood.

However, he wasn't picky; he just wanted to consult on some legal matters to see if what was said online was true.

The receptionist made a phone call, and soon a black lawyer in his thirties hurried downstairs. He was dressed in a suit and was very clean, but Fang Qingye noticed that the quality of the suit was very ordinary and it was not a famous brand like Paul Smith or Suit Supply at all.

As the saying goes, a man's clothes are his second face, so it seems Smith's business isn't doing so well.

Smith's business is indeed not doing well.

Although Strømsgodset is a renowned law firm, the competition among its lawyers is fierce. He graduated from the law school of the State University of New York at Buffalo, which is just an ordinary university and cannot be compared with students from Ivy League universities. After working at the law firm for ten years, he could only handle small cases such as traffic accidents.

I haven't had any customers for the past week, but I finally got one today!
Smith was very enthusiastic. After shaking hands with Fang Qingye, he took him to his office. After listening to Fang Qingye's explanation in English, he sighed repeatedly.

"My God, what a pity. Your friend shouldn't have reached a settlement agreement with the other party directly; he should have gone through the legal process."

"Can't it be corrected?" Fang Qingye pressed.

"No, according to federal law, once both parties sign a settlement agreement, it cannot be changed. Even if you hire Karen Dunn, the most famous lawyer in our country, and take the case to the Supreme Court, it will not change."

Oh, just like what's said online.

Seeing that Fang Qingye remained silent, Smith continued, "Mr. Fang, based on your description of your friend's injuries, if you hire me as your lawyer to file a lawsuit, you can at least get $500 million in compensation from the other party!"

500?
This guy is probably exaggerating.

Anyway, it's a done deal and can't be changed. You can't prove that you can get the other party to pay you 100 million.

Since that was the case, Fang Qingye was about to pay and leave based on the time he was charged when Smith quickly said something.

"Mr. Fang, although we cannot pursue civil litigation, we can pursue criminal litigation to ensure that the perpetrator receives the punishment he deserves!"

"Isn't criminal prosecution initiated by the local prosecutor, and the parties involved have no right to participate?" Fang Qingye asked rhetorically.

"But we lawyers can provide the prosecutor with evidence that is favorable to us! That would increase the perpetrator's sentence!"

At this point, Smith said with a serious expression, "Mr. Fang, it seems you don't understand American law very well, so I have to remind you."

"what?"

Smith lowered his voice: "From your account, the local police took the perpetrator to the hospital and to your friend's bedside to sign a settlement agreement?"

“If he were an experienced and righteous police officer, seeing your friend so severely injured, 5 yuan in compensation would definitely not be enough! But why did he do it? I think you understand, Mr. Fang.”

"Colluded with the perpetrator?"

“No, no, I didn’t say that, because I don’t have enough evidence right now.” Smith smiled slyly. “By that logic, what if things go similarly when the case is brought to the district attorney’s office? Also, the other party will definitely hire a lawyer to try their best to evade legal punishment.”

“I’ve seen similar laws. The perpetrator in this accident was charged with reckless driving. In New York, reckless driving is classified as a Class D Felony, which carries a maximum sentence of three years in prison,” Fang Qingye said.

“Hehe, the maximum is 3 years, but the minimum sentence is several months or even exemption from liability. Mr. Fang, have you heard of the (Mnaghten Rule) including the Mlathan Rule and the (Irresistible Impulse Test) rule?” Smith’s expression was quite mysterious.

"What do you mean?"

"Mlatan rule: originating from a British case in 1843, requires that the defendant be exempt from liability only if he or she is unable to recognize the nature or wrongfulness of his or her conduct due to mental illness. It is now adopted by most states in the United States, including New York."

The "Lack of Control Rule": This rule supplements the Mlatan rule by allowing exemption from liability if a mental illness results in a complete loss of willpower. This rule is adopted by New York State.

"You mean, the other party might be able to evade legal sanctions by using these two rules?!" Fang Qingye immediately understood.

"clever."

This is crazy.

It's the same in every country.

“So, Mr. Fang, to prevent what I just described from happening and to give your friend a fair judgment, I suggest hiring a lawyer for the criminal prosecution as well.” Smith said solemnly.

It seems to make sense
"Okay, I'll hire you." Fang Qingye nodded in agreement.

“OK, this is a wise choice for you.” Smith immediately took out a power of attorney from the drawer.

"Please fill out the power of attorney form and have your friend sign it after you get it back. Then I can represent you in this case. Also, please give me a copy of all the relevant documents, including the disability assessment report."

Smith smiled as he watched Fang Qingye carefully fill out the contract.

Finally, a contract was signed. It wasn't easy.

Fang Qingye had no idea what Smith was thinking; it seemed the other party was quite professional.

give it a try
After completing all this, Fang Qingye left the law firm and then took the subway to the New York Department of Motor Vehicles to apply for a temporary driver's license.

This requires a valid domestic driver's license. Fang Qingye filled out the forms online and underwent a simple on-site test. The other party told him that he could get the results in as little as a week.

Just go home and wait.

Fang Qingye didn't wander around outside either. He was still thinking about Xia He, so he took the subway back to the apartment and made sure Xia He signed the power of attorney.

After dinner, he met Smith at the law firm of St. John's, signed an agreement, and made a copy of all the documents he had and handed them over to Smith.

"Don't worry, Mr. Fang, I will seek justice for your friend and ensure that the perpetrator receives the punishment he deserves!" Smith declared confidently.

On the taxi back to her apartment, Fang Qingye took out her Chinese phone and sent a WeChat message to Bai Ou, detailing her trip to the law firm to sign the engagement agreement with Smith.

Now that Bai Ou knows about her relationship with Xia He, there's no need to hide it anymore. Besides, Bai Ou originally studied law and wants to hear opinions.

The two were having a voice chat on WeChat. After Fang Qingye finished recounting everything, Bai Ou said, "Yezi, that Smith is a bit of a con artist. He's not telling the whole truth."

(End of this chapter)